Students for Fair Admissions, Inc. v. President and Fellows of Harvard College et al
Filing
200
Letter/request (non-motion) from Harvard regarding document production. (Ellsworth, Felicia)
October 20, 2016
By ECF
Felicia H. Ellsworth
+1 617 526 6687 (t)
+1 617 526 5000 (f)
felicia.ellsworth@wilmerhale.com
Honorable Allison D. Burroughs
U.S. District Court, District of Massachusetts
John Joseph Moakley U.S. Courthouse
1 Courthouse Way
Boston, MA 02210
Re: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College
No. 1:14-cv-14176-ADB
Dear Judge Burroughs,
On September 7, 2016, this Court ordered Harvard to produce “comprehensive data from its
admissions database for six full admissions cycles.” Dkt. 181. On October 13, 2016, in order to
ensure compliance with the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g),
Harvard notified all applicants who applied for first-year undergraduate admission or transfer
admission to Harvard College between the fall of 2009 and the spring of 2015 that information
from their applications would be produced. In that notice, Harvard indicated it would begin its
production of data in response to the Court’s order on October 28, 2016. A copy of the notice is
attached.
Harvard has heard from a number of applicants, students, and alumni who object to the
production of information from their applications, and Harvard has suggested that those
individuals contact the Court directly. Harvard is also aware that the Court has received
communications from individuals who object to the production of information from their
applications.
Harvard requests that the Court notify the parties if it intends to hold a hearing or take other
action in connection with these objections. We are available at the Court’s convenience to
address this matter should the Court wish to discuss it with the parties. In the absence of
direction from the Court that amends Harvard’s existing obligation under the Court’s September
7 order, Harvard intends, in compliance with that order, to begin its production of database
information to SFFA on October 28, 2016 or shortly thereafter.
Respectfully yours,
/s/ Felicia H. Ellsworth
Felicia H. Ellsworth
Encl.
From: Harvard Litigation Notice
Date: Thursday, October 13, 2016
Subject: Notice to Applicants for Admission to Harvard College
HARVARD UNIVERSITY
Notice to Applicants for Admission to Harvard College
Harvard University is currently defending against a federal lawsuit challenging its undergraduate
admissions practices: Students For Fair Admissions, Inc. v. President and Fellows of Harvard College
(Harvard Corporation), No. 14-cv-14176 (D. Mass.).
As part of that lawsuit, the court has ordered Harvard to provide the plaintiff, Students for Fair
Admissions (“SFFA”), with admissions information maintained by Harvard about all applicants who
applied for first-year undergraduate admission or transfer admission to Harvard College between the
fall of 2009 and the spring of 2015. Because you applied to Harvard for admission during this period,
the court’s orders require and may in the future require Harvard to provide to SFFA certain information
from your application.
The information that the court has ordered produced to date includes academic, extracurricular,
demographic, and other information from your application. We care deeply about protecting the
privacy of our applicants. Harvard will not provide your name or Social Security Number to SFFA in
connection with this production. In addition, the court has ordered that all information provided be
subject to strict confidentiality rules that will prevent SFFA from sharing the information with anyone
other than its attorneys without first obtaining approval from the court. The court also has ordered
that SFFA may not use the information to try to learn the identity of any applicant or to contact any
applicant without first obtaining approval from the court.
If you have questions, including questions about your ability to object to the disclosure of your
information, or if you would like to know more about the lawsuit in general, please visit our FAQs
page. To comply with the court’s order, Harvard will begin producing the required information on
October 28th.
While Harvard is legally obligated to produce information in this lawsuit, we remain committed to
protecting your privacy and will continue to take actions, including any required by the Family
Educational Rights and Privacy Act (20 U.S.C. § 1232g(b)), if applicable, to protect the confidentiality of
your information over the course of this litigation and afterwards.
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